Idaho Code

Idaho Code § 10-1210 (2026)

Costs. 

✓ current as of May 2026
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Costs. 

In any proceeding under this act the court may make such award of costs as may seem equitable and just.

Notes of Decisions
Cited in 15 cases (4 in the last 5 years), 2005–2023 · leading case: Nat'l Union Fire Ins. Co. of Pittsburgh v. Dixon, 112 P.3d 825 (Idaho 2005).
Nat'l Union Fire Ins. Co. of Pittsburgh v. Dixon, 112 P.3d 825 (Idaho 2005). · cites it 10× “§ 10-1210 and stated: [t]he general rule is that costs do not include attorney fees unless attorney fees are expressly included in the definition of the term costs.”
Freiburger v. J-U-B Engineers, Inc., 111 P.3d 100 (Idaho 2005). · cites it 6× “The District Court’s Award of Attorney’s Fees After entering judgment in Freiburger’s favor, the district court awarded him $9,360.00 in attorney fees pursuant to I.”
U.S. Bank Nat'l Ass'n N.D. v. Citimortgage, Inc., 337 P.3d 605 (Idaho 2014). · cites it 10× “CitiMortgage also argues that the district court erred by failing to address its request for costs under Idaho Code section 10-1210. We address each issue in turn.”
Univ. of Idaho Found., Inc. v. Civic Partners, Inc., 199 P.3d 102 (Idaho 2008). · cites it 6× “52 under Idaho Code § 10-1210 and alternatively under Rule 54(d)(1)(D) of the Idaho Rules of Civil Procedure.”
In Re Univ. Place/Idaho Water Ctr. Proj., 199 P.3d 102 (Idaho 2008). · cites it 6× “52 under Idaho Code § 10-1210 and alternatively under Rule 54(d)(1)(D) of the Idaho Rules of Civil Procedure.”
Schneider v. Howe, 133 P.3d 1232 (Idaho 2006). · cites it 2× “Idaho Code § 10-1210 permits a court to award costs when it is equitable and just.”
Lingnaw v. Lumpkin, 474 P.3d 274 (Idaho 2020). · cites it 4× “” Idaho Code section 12-117 provides an award of attorney fees between adverse parties that involve “a state agency or a political subdivision and a person” where “the nonprevailing party acted without a reasonable basis in fact or law.”
Bret & Marti Kunz v. Nield, Inc., 398 P.3d 165 (Idaho 2017). · cites it 2× “In their opening brief, the Kunzes’ argument for attorney’s fees on appeal consists, in its entirety, as follows: “Appellants should be awarded their attorney’s fees on appeal.” N.I. argues that it is entitled to attorney’s fees and costs on appeal on multiple grounds.”
Herndon v. City of Sandpoint, 531 P.3d 1125 (Idaho 2023). · cites it 2× “On June 24, 2021, the City moved for costs and attorney fees under Idaho Rule of Civil Procedure 54(d) and (e) and Idaho Code sections 10-1210 and 12-117. On June 28, 2021, The Festival moved for costs and attorney fees under the same rules and statutes.”
Villa Highlands, LLC v. W. Cmty. Ins., 226 P.3d 540 (Idaho 2010). · cites it 2× “It also asserts that it is entitled to costs under I.C. § 10-1210 because its claim involves one for declaratory relief and there is no justification as to why the claim was dismissed.”
Idaho Dairymen's Ass'n v. Gooding Cnty., 227 P.3d 907 (Idaho 2010). “*664 §§ 10-1210 and 12-121, and 42 U.S.C. § 1988 .”
Dorsey v. Dorsey, 535 P.3d 1040 (Idaho 2023). “y duty and duty of loyalty’ to Matt Dorsey as the managing member of Dorsey Organics”; 8) A judgment declaring that Matt acted pursuant to Idaho Code section 10-1201 as a managing member of Dorsey Organics; 9) Breach of contract and non-payment of goods by Sunnyslope against…”
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